Ensuring the financial stability of a child is a fundamental priority for any guardian. In the Philippines, child support is formally governed by the Family Code , ensuring that mothers and fathers contribute for their children's basic needs . Whether you are a custodial parent , understanding how child support Philippines is implemented is vital for navigating the legal system .
What Does Support Include?
Under Article 194 of the Family Code, child support goes beyond just cash . It includes all items indispensable for:
Food: Nutritional needs and groceries .
Dwelling : A secure place to live .
Clothing : Necessary garments for the child.
Medical Attendance : Doctor visits , prescriptions, and health checkups.
Education : School supplies, uniforms, and even higher education beyond the age of 18 in specific cases.
Travel: Costs for going to and from school .
How the Amount is Determined
One of the most common inquiries is what is the amount of payment is required . Unlike other countries , the Philippines refuses to apply a standard formula . Instead , judges weigh two key factors:
The Needs of the Child : The actual costs needed for the child’s standard of living.
The Capacity of the Giver : The income , assets , and salary of the non-custodial parent.
The amount is flexible, meaning it can be adjusted as years pass if the costs of living rise or the financial status shifts.
Support for Illegitimate Children
It is a common misconception that just legitimate parents are required to provide support. However, the legal system dictates that all children have an equal right to support. For illegitimate children , the first step is establishing filiation . Proof includes using the PSA records containing the father's name, scientific evidence, or public recognition.
What to Do if a Parent Refuses to Pay
If a parent deliberately neglects to give financial aid, the guardian has multiple options:
Extrajudicial Demand: A written request for support child support philippines is often the first step.
Filing a Petition: Going to court in the Regional Trial Court to obtain a legally binding judgment.
RA 9262 : Under the Anti-Violence Against Women and their Children Act , the willful withholding of financial support can be classified as economic abuse , potentially leading to penalties or jail time.
Summary
Managing child support Philippines demands diligence and knowledge of the Family Code. Remember that support is for the benefit of the child , ensuring they have the resources to grow. For those struggling with non-payment, it is always wise to seek legal counsel to protect the child's rights.